Shoulder pads incorporating cervical spine protection device

ABSTRACT

Shoulder pad includes shoulder pads and a cervical spine protection device. The device includes an upper portion for engagement with a helmet when an axial force is applied to a portion of the helmet. The upper portion has a front section, a rear section, and side sections which have a top surface. At least one damper element is provided within the device. The top surface of the side sections has an apex higher than the top surface of the front section and the rear section when the device is worn. The axial force applied to the helmet is absorbed by the device and directed away from a cervical spinal column of the user by the device. The damper element, when the axial force is absorbed by the device, resistively collapses to attenuate the axial force. The device allows extension of the head and neck during athletic movement.

CROSS-REFERENCE TO RELATED APPLICATIONS

This application is a continuation-in-part of U.S. patent applicationSer. No. 14/143,990, which was filed on Dec. 30, 2013. Application Ser.No. 14/143,990 is a continuation-in-part of U.S. patent application Ser.No. 13/764,284, which was filed in the U.S. Patent and Trademark Officeon Feb. 11, 2013, and has issued as U.S. Pat. No. 8,615,819. ApplicationSer. No. 13/764,284 is a continuation-in-part of U.S. patent applicationSer. No. 11/334,260, which was filed in the U.S. Patent and TrademarkOffice on Jan. 18, 2006, and has issued as U.S. Pat. No. 8,370,968. Thecontents of all of those applications are incorporated by referenceherein in their entireties.

STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT

This application is not the subject of any federally sponsored researchor development.

THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT

There have been no joint research agreements entered into with any thirdparties.

FIELD OF THE INVENTION

The present invention relates generally to shoulder pads incorporating aprotective gear for use in conjunction with contact sports and moreparticularly to shoulder pads incorporating cervical spine protectiondevice that minimizes damage to the spinal column and spinal cord whileallowing substantially unrestricted movement of the head and neck duringathletic activity.

The present invention can be used with athletic equipment in a number ofdifferent sports. However, due to the increased focus on head trauma,concussions, and cervical spine injuries in football, the presentinvention's application is particularly focused on its use with footballshoulder pads. The inventor, Dr. Patrick Kerr, played high school andcollege football, and as a licensed Chiropractic, understands theimpacts of these sports on a person's body. In addition to the twopatents that Dr. Kerr has already received on embodiments of the presentinvention as described in U.S. Pat. Nos. 8,615,819 and 8,370,968, Dr.Kerr continues to research and develop additional means to improve theKerr Collar, a protective device used by football players to minimizedamage to the spinal column and spinal cord while allowing substantiallyunrestricted movement of the head and neck during athletic activity.More information about Dr. Kerr and the Kerr Collar can be found on hiswebsite at http://doctorkerr.net/.

BACKGROUND OF THE INVENTION

Injuries to the neck are some of the most serious injuries in contactsports. For example, hyperextension of the neck to the rear can causepermanent damage to the spinal cord and can result in paraplegia,quadriplegia, and/or other forms of paralysis. If the neck is bentexcessively to one side, the nerves in the brachial plexus can bestretched to cause what is commonly known as a “pinched nerve.” Insevere cases, excessive lateral cervical flexion can cause permanent andirreparable damage to the nerves of the brachial plexus. Furthermore,undue flexing of the neck at an angle to the rear and to one side canresult in equally serious damage to the cervical spine, brachial plexus,and/or adjacent areas of the neck and upper back.

The most serious of injuries may occur during an axial loading, when thehead is driven down toward the neck and shoulders producing an excessivepressure that the cervical spine cannot handle. This pressure causes abuckling of the spinal column and may lead to disc herniation, muscleand ligament damage, and potentially spinal cord injury.

While neck injuries have been recognized as a serious problem in contactsports, very little progress has been made in developing protectiveathletic equipment that protects the athlete's neck without restrictingtheir normal movement.

Existing shoulder pads were designed to protect the shoulder area ofplayers in contact sports. The shoulder pads of the future will provideprotection to the neck area as well as the shoulders. Existing shoulderpads leave an opening around the neck area which puts players at riskfor cervical injury, paralysis or death. Because of the bio-mechanics ofthe head, neck and torso we can use shoulder pads to provide protectionfor the neck. An embodiment of the present invention seeks to buildshoulder pads from the neck area downward and outward to the shoulders.

A number of prior art devices have been designed to reduce injuries tothe necks of players in contact sports. These devices include U.S. Pat.No. 3,189,917 to Sims, U.S. Pat. No. 3,497,872 to Mitchell, U.S. Pat.No. 4,094,015 to Howard, U.S. Pat. No. 4,338,685 to LaPorta, U.S. Pat.Nos. 4,821,339 and 4,996,720 to Fair, U.S. Pat. No. 5,404,590 to Monica,U.S. Pat. No. 5,546,601 to Abeyta, U.S. Pat. No. 6,058,517 to Hartunian,and U.S. Pat. No. 6,874,170 to Aaron. In addition, U.S. Pat. No.8,549,674 to Kraemer et al. provides specific details with respect to ashoulder pad used in a contact sport such as football, hockey, orlacrosse. It is envisioned that the aspects of the present inventionwould be used with a typical shoulder pad as described in U.S. Pat. No.8,549,674, the Background of the Invention in U.S. Pat. No. 8,549,674,and other football pads understood by those of ordinary skill in the artand known in the football industry. The features of U.S. Pat. No.8,549,674 and other patents cited above are incorporated by referenceinto the present application.

The devices exemplified by the above-mentioned references primarilyattempt to reduce the flexion, extension, lateral bending, and rotationof the head. However, none of the devices disclosed in theabove-mentioned references decrease axial compression of the neckwithout limiting the normal movement of the head of the user, nor dothese references provide the degree of support provided by theembodiments of the present invention.

For example, Sims' device is elevated in the rear to contact the backportion of the helmet during the extension of the neck of the user,effectively restricting the backward movement of the head of the user.Sims' device is also tapered in the front and connected with a lace.Mitchell's device is to be worn on the top of shoulder pads. Mitchell'sdevice is thick and four-sided with rounded edges. As appreciated bythose skilled in the art, Mitchell's device prevents the normal movementof a player's neck and head. Aaron's device is attached to the helmetand shoulder pads by fasteners that inevitably restrict the normalmovement of a player's head and neck. LaPorta's device has back andchest plates that are attached using a curved pad providing little or nosupport in minimizing damage to the spine. Howard discloses a neckcushion that is an integral part of the helmet. The back of the cushionis raised, inevitably restricting the movement of the user's head andneck.

Fair '339 and Fair '720 disclose a protective vest having a collar guarddesigned to engage with a player's neck or helmet with no spineprotection. Hartunian discloses a foam neck brace surrounding a user'sneck with 360 degrees of cushioning. The conical shape of the neck braceand the way it surrounds the neck of the user inevitably prevents thenormal motion of the user. Monica discloses a helmet motion restrictordesigned to engage with a football helmet of a user in order to preventexcessive lateral and posterior movements of the football helmet againrestricting movement. Abeyta discloses a cervical spine protectiondevice designed to minimize the axial compression of the head of theuser, which unduly restricts the posterior and anterior movements of theneck of the user.

Further, when the shoulder pads do not provide any protection to dampenaxial force that is enacted on the head and neck of the user. The forceis thus fully absorbed by the neck and spine, potentially causing spinalinjury.

It is therefore an object of the shoulder pads incorporating a cervicalspine protection device of the embodiments of the present invention toreduce axial loading of the spine without limiting movement in flexion,extension, left or right lateral flexion or rotation of the skull.

It is a further object of the shoulder pads incorporating a cervicalspine protection device of the embodiments of the present invention toengage the lower most part of a helmet during axial compression so as torelieve the pressure on the spine.

It is a further object of the shoulder pads incorporating a cervicalspine protection device of the embodiments of the present invention toinclude at least one damper element to at least partially attenuate theaxial force enacted on the spine.

It is a further object of the shoulder pads incorporating a cervicalspine protection device of the embodiments of the present invention tobe worn with various types of regulation helmets and regulation shoulderpads, so as not to interfere with movement of the head of a user, or thenormal workings of the helmet and/or the shoulder pads.

It is a further object of the shoulder pads incorporating a cervicalspine protection device of the embodiments of the present invention toprovide a protection device that is simple to use, lightweight, andeconomical to construct.

SUMMARY OF THE INVENTION

The embodiments of the present invention are directed to a shoulder padhaving a cervical spine protection system including: shoulder pads; anda cervical spine protection device including: an upper portion designedfor engagement with a user's helmet when an axial force is applied to aportion of the helmet, the upper portion having a front section, a rearsection, and side sections, wherein the front section, rear section, andside sections of the upper portion have a top surface; and at least onedamper element within the cervical spine protection device; wherein theaxial force applied to the top portion of the helmet is at leastpartially absorbed by the cervical spine protection device and at leastpartially directed away from a cervical spinal column of the user by thecervical spine protection device, wherein the at least one damperelement, when the axial force is at least partially absorbed by thecervical spine protection device, resistively collapses so as to atleast partially attenuate the axial force, wherein the cervical spineprotection device allows extension of the head and neck during athleticmovement.

BRIEF DESCRIPTION OF THE DRAWINGS

Preferred features of the embodiments of the present invention aredisclosed in the accompanying drawings, wherein similar referencecharacters denote similar elements throughout the several views, andwherein:

FIG. 1 is a front view of a cervical spine protection device accordingto an embodiment of the present invention as worn in conjunction with afootball helmet;

FIG. 2 is a front view of a cervical spine protection device accordingto an embodiment of the present invention;

FIG. 3 is a rear view of a cervical spine protection device according toan embodiment of the present invention as worn by a user;

FIG. 4 is a side view of a cervical spine protection device according toan embodiment of the present invention as worn by a user;

FIG. 5 is a cross section of a cervical spine protection deviceaccording to an embodiment of the present invention along line A-A ofFIG. 2 showing compression elements embedded in the protection device;

FIG. 6 is a front/side perspective view of a compression elementincluded in a cervical protection device according to an embodiment ofthe present invention;

FIG. 7 is a front view of a cervical spine protection device accordingto an embodiment of the present invention as worn in conjunction withshoulder pads;

FIG. 8 is a front view of a cervical spine protection device accordingto an embodiment of the present invention as worn in conjunction withshoulder pads;

FIG. 9 is a front/side perspective view of a cervical spine protectiondevice according to an embodiment of the present invention;

FIG. 10 is a rear/side/top perspective view of a cervical spineprotection device according to an embodiment of the present invention;

FIG. 11 is a front/side/bottom perspective view of a cervical spineprotection device according to an embodiment of the present invention;

FIG. 12 is a rear/side/bottom perspective view of a cervical spineprotection device according to an embodiment of the present invention;

FIG. 13 is a rear view of a cervical spine protection device accordingto an embodiment of the present invention;

FIG. 14A is a top view of a cervical spine protection device accordingto an embodiment of the present invention;

FIG. 14B is a cross section of a cervical spine protection deviceaccording to an embodiment of the present invention along line 14B-14Bof FIG. 14A;

FIG. 14C is a cross section of a cervical spine protection deviceaccording to an embodiment of the present invention along line 14C-14Cof FIG. 14A;

FIG. 14D is a cross section of a cervical spine protection deviceaccording to an embodiment of the present invention along line 14D-14Dof FIG. 14A;

FIG. 15 is a front view of a cervical spine protection device accordingto an embodiment of the present invention;

FIG. 16 is a top view of a cervical spine protection device according toan embodiment of the present invention;

FIG. 17 is a side view of a cervical spine protection device accordingto an embodiment of the present invention;

FIG. 18 is a front view of a cervical spine protection device accordingto an embodiment of the present invention as worn in conjunction withshoulder pads;

FIG. 19 is a front view of a cervical spine protection device accordingto an embodiment of the present invention as worn in conjunction withshoulder pads;

FIG. 20 is a rear view of a cervical spine protection device accordingto an embodiment of the present invention;

FIG. 21 is a rear view of a cervical spine protection device accordingto an embodiment of the present invention as worn in conjunction withshoulder pads;

FIGS. 22A-C include side views of football helmets well known in art;

FIG. 23A is a cross section of a cervical spine protection device alongline A-A of FIG. 2 showing a damper element according to an embodimentof the present invention;

FIG. 23B is a cross section of a cervical spine protection device alongline A-A of FIG. 2 showing a damper element according to an embodimentof the present invention;

FIG. 23C is a cross section of a cervical spine protection device alongline A-A of FIG. 2 showing a damper element according to an embodimentof the present invention;

FIG. 23D is a cross section of a cervical spine protection device alongline A-A of FIG. 2 showing a damper element according to an embodimentof the present invention;

FIG. 24 is a cross section of a cervical spine protection device alongline A-A of FIG. 2 showing a damper element according to an embodimentof the present invention; and

FIG. 25 is a cross section of a cervical spine protection device alongline A-A of FIG. 2 showing a damper element according to an embodimentof the present invention.

DETAILED DESCRIPTION

The embodiments of the present invention will now be described morefully hereinafter with reference to the accompanying drawings, in whichpreferred embodiments of the invention are shown. This invention may,however, be embodied in many different forms and should not be construedas limited to the illustrated embodiments set forth herein. Rather,these illustrated embodiments are provided so that this disclosure willbe thorough and complete and will convey the scope of the invention tothose skilled in the art.

In the following description, like reference characters designate likeor corresponding parts throughout the figures. Additionally, in thefollowing description, it is understood that terms such as “top,”“bottom,” “side,” “upper,” “lower,” “front,” “back,” and the like, arewords of convenience and are not to be construed as limiting terms.

The embodiments of the present invention are directed to a shoulder padincorporating a cervical spine protection device that minimizes damageto the spinal column and spinal cord while allowing substantiallyunrestricted movement of the head and neck during athletic activity.

The cervical spine protective device of the embodiments of the presentinvention is designed to reduce the possibility of neck injuries incontact sports, without restricting the normal neck movement of a playerduring collision. In a preferred embodiment, the device of the presentinvention contacts the lower most parts of the sides of a player'shelmet, and has a shape that is molded to the normal anatomy of theupper back and lower cervical spine. Force received at the top of thehelmet is applied to the protective device, absorbed by the protectivedevice, and directed away from the cervical spinal column while allowingextension of the head and neck. It is a feature of the embodiments ofthe present invention that the device directs axial force away from thespine area. It is another feature of the embodiments of the presentinvention that the device includes damper elements that resistivelycollapse so as to at least partially attenuate the axial force. Thoughthe embodiments of the present invention reduce axial load in an attemptto reduce forces from the head toward the neck, one skilled in the artwill understand that there is no way to protect the neck and spine inall incidences of collision from injury.

Neck injuries in contact sports can vary from the rare catastrophicevent, to the much more frequent but less severe neck stinger.Specifically, brachial plexopathy, known as a stinger or burner, is acommon injury in contact sports, particularly in competitive football.Studies have shown lifetime injury incidences from 49% to 65% in collegefootball. As a result, many players wear neck collars to prevent suchinjuries. A stinger is most likely caused by damaging the upper trunk ofthe brachial plexus, which is made up of the C5 and C6 nerve roots. Thisgroup of nerves runs from the cervical spine through the shoulder andinto the upper arm, traveling directly under the clavicle. Stingersusually involve excessive hyperextension or lateral flexion of the headdue to an impact, either with another player or with the ground.Symptoms include numbness, pain, or a stinging or burning sensation inthe shoulder and/or arm. Usually, these symptoms resolve within minutes.However, this simple neuropraxia can escalate into an axonotmesis(damage to the axon or myelin sheath) that lasts for days or months, ora neurotmesis (complete disruption of the nerve), which is permanent.

Severe injuries often result from axial loading injuries. When the neckis flexed 30 degrees from anatomic position, the normal cervicallordosis is straightened and the vertebrae align into a segmentedcolumn. An impact to the head will result in a crushing of thevertebrae, with the surrounding soft tissues unable to absorb the impact(Torg, 1990). Such impacts usually result in paralysis or death.

Referring now to the Figures, FIG. 1 illustrates a front view of acervical spine protection device 10 according to an embodiment of thepresent invention as worn by a user (shown as a football player in thefigures). FIGS. 3 and 4 illustrate respectively a rear and side view ofthe device of FIG. 1. The device 10 can be constructed of variousmaterials including plastic, polyurethane, foam, or the like (or acombination of the aforementioned materials or the like). It is to beunderstood that the device 10 can come in different sizes depending onthe neck size of the player or other relevant factors (for example,including but not limited to, the sport being played by the intendeduser). The embodiments of the present invention may include materialshaving different densities. For example, a device according to anembodiment of the present invention may be denser than anotherembodiment of the present invention. The embodiments of the presentinvention may include varying densities throughout the device. Forexample, an embodiment of the present invention may include an upperportion 15 that is less dense than a lower portion 20. Additionally, anembodiment of the present invention may include an upper portion 15 thatis less dense than a middle portion 30, which is in turn less dense thana lower portion 20. Moreover, a middle portion 30 may be more or lessdense than the upper portion 15 and/or lower portion 20. Further, forexample, an embodiment of the present invention may include an upperportion 15 that is denser than a lower portion 20. The densities of thedevice 10 may vary for reasons including, but not limited to,application (e.g., sport, position), user preference, injury history, orthe like. One skilled in the art will recognize that the densities andvarying densities of the device 10 are not limited to the specificembodiments described herein.

The protection device 10 of the embodiments of the present invention isdesigned to be worn in conjunction with a helmet, which may be afootball helmet 11, and shoulder pads, which may be football shoulderpads 23. The shape of the protection device 10 of the embodiments of thepresent invention is provided to accommodate the normal anatomy of theupper back and lower cervical spine of a human being. The device 10includes an inside portion 22 and an outside portion 24, where theinside portion 22 is designed and shaped/contoured to fit around theneck of a user (see FIGS. 1, 3 and 4), and the outside portion 24 isshaped/contoured to engage with shoulder pads 23 (see FIGS. 7 and 8).

At a back portion 26 of the device 10 according to an embodiment of thepresent invention, there is a back opening 12 and similarly there is afront opening 14 at a front portion 28 of the device 10. The purpose ofthese openings is to allow unrestricted movement of the head and neckduring athletic movement. The device 10 also includes a middle portion30 located in a generally centralized elevational position of the device10, upper portions 15 that extend toward the lower edge 34 of the helmet11, and lower portions 20 that are shaped/contoured to rest on theshoulders of the user and fit adjacent to/under shoulder pads 23.Further, the device 10 includes side portions 32 in-between the back andfront portions 26, 28. The back opening 12 is preferably shaped suchthat a maximum width of the opening 12 is substantially equal to thewidth of a user's neck. One skilled in the art will recognize that thewidth of a user's neck varies depending upon the sex of the user, age ofthe user, athletic ability of the user, fat content of the user, musclecontent of the user, and the like. One skilled in the art will recognizethat the embodiments of the present invention may be sized to fit anyvariations of the above depending upon the application.

The focus of the embodiments of the present invention is to absorb theforce of an impact at the top 36 of the head and/or helmet 11. Mostcatastrophic injuries in contact sports occur when the head is drivendown toward the neck and shoulders producing pressure too great for thecervical spine to handle. This extreme pressure can cause a buckling ofthe spinal column and can lead to disc herniation, muscle and ligamentdamage, and severe spinal cord injury. The protective device 10 of theembodiments of the present invention provides the necessary support inorder to minimize spinal cord injury that could result from excessiveforce being applied to the top 36 of a player's head and/or helmet 11,while at the same time allowing freedom of movement for the head andneck.

An embodiment of the present invention includes compression elements 13.More particularly, FIG. 6 illustrates a compression element 13, whichcan be inserted within an embodiment of the device 10 as shown in FIG.5. FIG. 5 is a cross-section looking toward the back portion 26 of anembodiment of the device 10 illustrating how the compression element 13is inserted within the device 10. FIG. 4 is a side view of an embodimentof the device 10 illustrating how a plurality of compression elements 13may extend around the periphery of device 10 according to an embodimentof the present invention. FIG. 4 shows three individual compressionelements 13 on the side portions 32 of device 10, but it is to beunderstood that a greater or lesser number can be used depending on thedegree of support required. For example, and as explained herein, anembodiment of the present invention does not include any compressionelements 13—that is, the device 10 itself and its unique shape act asthe compression element.

In an embodiment of the present invention that includes compressionelements 13, the compression element 13 can be made from a stiffpolyurethane material (or any similar material) that can provideadequate support. The upper surface 16 of the compression elements 13 isdesigned to support the upper surface 40 of the upper portions 15 toprovide a generally wide contact area that may receive the lower edges34 of the helmet 11 when excessive force is applied to the top 36 of thehelmet 11. The width of this contact area on the upper portions 15 canvary depending on the type of helmet worn by the player. For example,the width may be in the approximate range of 2 to 4 inches wide at thewidest point. However, the width may be wider (e.g., 4 inches orlarger), and is not limited to the sizes disclosed herein.

The lower surface 17 of the compression elements 13 is designed tofollow the contours of the player's neck and is specifically shaped todirect force away from the cervical spinal column. This is illustratedby arrow 18 representing a downward force applied to the upper surface16 when an excessive force is received at the top 36 of the head and/orhelmet 11, forcing the lower edges 34 of the helmet 11 onto upperportions 15 of the device 10. This force is then directed from adownward direction as shown by arrow 18 to an oblique direction as shownby arrow 19. Apertures 21 shown in FIG. 6 are illustrative only and canbe used, if necessary, to reduce the weight of compression element 13 orfor other reasons known to those of ordinary skill in the art, such assecuring the device 10 to shoulder pads 23.

As stated above, an embodiment of the present invention does not includecompression elements as shown in FIG. 6, but rather the function of thecompression element is performed by the material and shape of the deviceitself. For example, an embodiment of the present invention may includea device 10 that is molded as one-piece out of a synthetic material orthe like (for example, foam or the like). This material is preferablyselected such that the device 10 can provide adequate support without aseparate compression element present. In the embodiments of the presentinvention that do not include separate compression elements, the upperportions 15 are shaped with an upper surface 40 to provide a generallywide contact area that may receive the lower edges 34 of the helmet 11when excessive force is applied to the top 36 of the helmet 11. Again,the width of this contact area on the upper portions 15 can varydepending on the type of helmet worn by the player. For example, thewidth preferably is in the approximate range of 2 to 4 inches wide atthe widest point.

The middle portion 30 and the lower portion 20 of the device 10 aredesigned to follow the contours of the player's neck and arespecifically shaped to direct force away from the cervical spinalcolumn. This is illustrated by arrow 18 representing a downward forceapplied to the upper surface 16 when an excessive force is received atthe top 36 of the head and/or helmet 11, forcing the lower edges 34 ofthe helmet 11 onto upper portions 15 of the device 10. This force isthen directed from a downward direction as shown by arrow 18 to anoblique direction as shown by arrow 19.

As set forth above, the embodiments of the present invention aredesigned to protect against spinal cord injury when excessive force isapplied to the top 36 of a player's helmet 11, which can result in axialcompression of the spine. Injury is minimized by filling the gap betweenthe lower edge 34 (bottom sides and back bottom) of a player's helmet 11and the lower neck and upper shoulder of the player with the device 10.In an embodiment of the present invention, force directed at the top 36of the helmet 11 is applied to the device 10 at the upper portion 15 andabsorbed by the compression elements 13, which direct the force awayfrom the cervical spine. In another embodiment of the present invention,force directed at the top 36 of the helmet 11 is applied to the device10 at the upper portion 15 and absorbed by the device 10 itself (throughits unique shape and its material), where the device 10 directs theforce away from the cervical spine. The disclosed embodiments of thepresent invention also allow unrestricted movement of the head and neckduring athletic activity.

The shape of the device 10 of the embodiments of the present invention,as shown in the figures, will now be described in more detail. As shownin FIG. 3, the back portion 26 of the device 10 preferably includes asubstantially v-shaped design 38. In an embodiment of the presentinvention, the back portion of the device 26 also includes an opening 12that is sized and shaped to allow a person wearing a device 10 and ahelmet 11 to move their head and neck backwards (toward their back andaway from their chest) without substantial restriction. The opening 12creates a valley 42 in the back portion 26, which is at a lower pointelevationally than the top surface 40 of the upper portion 15 of thedevice 10 (as shown in FIG. 5). In other words, when wearing the device10 and a helmet 11, the upper portions 15 would be closer to the loweredge 34 of the helmet 11 than the valley 42 of the back portion 26 (asis evident from FIGS. 1 and 3). Therefore, if a user (for example, afootball player) was wearing the device 10 and a force was applied tothe top 36 of the user's head and/or helmet 11, the valley 42 is at anelevation such that the lower edge 36 of the helmet 11 would contact thetop surface 40 of the upper portion 15, and not the valley 42 of theback portion 26. Therefore, the opening 12 at the back portion 26 of thedevice 10 (as used throughout this description) is not necessarily an“opening,” but rather, the opening 12 may simply be describing the backportion 26 of the device 10 having a lower surface elevationally thanthe top surface 40 of the upper portion 15. One skilled in the art willunderstand that the opening 12 assists in allowing extension of the headand neck during athletic movement when a user is wearing the device 10.

As discussed herein, the device 10 is shaped to direct a force occurringat the upper portions 15 (this force is shown by arrow 18, i.e., a forcein a downward direction on the top surface 40 of the upper portion 15)away from the cervical spine (the redirected force is shown by arrow 19,i.e., an oblique direction). As depicted in FIGS. 1-3 and 5, the outsideportion 24 of the device 10 includes a substantially c-shaped design,with the lower portions 20 and the upper portions 15 extending laterallyfurther than the middle portion 30 of the device 10. In an embodiment ofthe present invention, the lower portions 20 are shaped to fitcomfortably on the shoulders of a user beneath the shoulder pads thatare typically worn by athletes (for example, football players), as isapparent from the shape of the device 10. The upper portions 15 includea top surface 40 that extends from the inside portion 22 of the device10 to the edge of the side portions 32 of the device 10 beyond themiddle portion 30 of the device 10. In an embodiment of the presentinvention, the upper portions 15 do not extend as far as the lowerportions 20, and the upper portions 15 are shaped to fit above theshoulder pads that are typically worn by football players (as isapparent from the shape of the device 10). In an embodiment of thepresent invention, the shape of the device 10 assists in directing aforce occurring at the upper portions 15 (arrow 18, i.e., a downwarddirection) away from the cervical spine (arrow 19, i.e., an obliquedirection).

While there has been described what is considered to be a preferredembodiment of the invention, it will be understood by those skilled inthe art that various changes and modifications may be made thereinwithout departing from the invention, and therefore, it is the aim ofthe appended claims to cover all such changes and modifications as fallwithin the true spirit and scope of the invention.

The device 10 according to the embodiments of the present invention wascreated with the simple knowledge in mind that the head is connected tothe neck. The forces generated during impact from the head to the neckneed to be absorbed, or lessened, in some way. For example, in thecontext of football, as helmets collide, the force that is generatedfrom that collision goes directly from the helmets to the head and intothe spine. Without the presence of the device 10 according to theembodiments of the present invention, there is nothing to absorb thoseforces. The embodiments of the present invention are preferablyconstructed in order to achieve a balance between flexibility andstability where it is needed.

An embodiment of the present invention includes a device 10 (collar)with a streamlined base 44. A device 10 according to an embodiment ofthe present invention also includes flexibility. In an embodiment of thepresent invention, the streamlined base 44 and the flexibility of thedevice 10 are present such that the device 10 can fit into shoulderpads, for example, football shoulder pads 23. Specifically, in thisembodiment, the streamlined base 44 is present to hold the device 10 inplace into the shoulder pads 23, and is designed for comfort andmovement when a sports player is playing their respective sport (forexample, the flexibility provides increased movement and comfort for auser). In an embodiment of the present invention, the streamlined base44 and the flexibility of the device 10 are not part of the compressiveelement of the device 10. In another embodiment of the presentinvention, the streamlined base 44 and the flexibility of the device 10are part of the compressive element of the device 10.

The devices 10 according to the embodiments of the present invention aredesigned such that they do not restrict the range of motion at allduring play. In other words, a user of the device 10 of the embodimentsof the present invention will be able to move their head from side toside, front to back, and will be able to turn their head as theynormally would without the device 10 present during play. However, whena user of the embodiments of the present invention makes contact withtheir head in a way that would compress the spine without the device 10present (for example, a football player hitting another player with thetop 36 of their helmet 11), as a user makes contact, the helmet 11 of auser is forced to make contact with the upper portion 15 of the device10. The upper portion 15 of the device 10 absorbs some of the forcesthat are generated during impact and deflects/distributes some of theforces that are generated during impact away from the head and neckarea.

In an embodiment of the present invention, when a user is wearing thedevice 10, and is in a “football position,” a user is able to movearound. It is only at the point of impact, i.e., when a user braces fora hit or makes contact, that the device 10 according to the embodimentsof the present invention engages the bottom of the helmet 11.

Another embodiment of the present invention includes an opening 12 inthe back portion 26 of the device 10, and therefore, there is nothingthat restricts the movement of a user's head from moving backwards whenwearing the device 10. When a player experiences impact, it is importantthat the player's head is not restricted from moving backward so thatthe head can travel away from an opposing force. The embodiments of thepresent invention are designed to limit axial loading on the head andneck during impact. As a force comes down on a user's head, theembodiments of the present invention reduce some of the axial load forcewhile allowing the user's head to travel backwards, which allows adisbursement of some of the forces generated during impact.

As stated above, the device 10 according to the embodiments of thepresent invention preferably works in conjunction with shoulder pads 23.Specifically, a device 10 according to an embodiment of the presentinvention preferably fits into shoulder pads 23. An embodiment of thepresent invention is contoured to fit directly into a pair of shoulderpads 23. The device 10 is preferably further secured into the shoulderpads 23 to make sure the device 10 stays in place during use. Thesecuring of the device 10 is preferably accomplished through a securingmeans or fastening means which may include snaps, a lace/string/tie,Velcro (i.e., hook and loop), tape (or other adhesive), clamps, clips,couplings, docks, hooks, latches, pins, buttons, slides, tongue andgroove attachments, or the like.

In an embodiment of the present invention that includes laces, thedevice 10 is contoured to fit directly into a pair of shoulder pads 23and then is laced to the shoulder pads 23 to make sure the device 10stays in place. In other words, attachment of the device 10 for useincludes tying the device 10 into a pair of shoulder pads 23 using a“tie-in” system comprising, for example, three to six laces to fastenthe device 10 to the shoulder pads 23. By way of an example, thefollowing describes how an embodiment of the present invention thatincludes laces 46 can be fit into a pair of shoulder pads 23. Theopening 14 of the device 10 is preferably aligned with the opening(front) 25 of the shoulder pads 23. The device 10 may then be laced intothe shoulder pads 23 through tying the device 10 into position using thelaces 46. In an embodiment of the present invention, the front of thedevice 10 includes laces 46 for tying around/through shoulder pads 23.Additionally, an embodiment of the present invention may include laces46 at the back of the device 10 for tying around/through shoulder pads23 (or at both the front and back of the device 10). An embodiment ofthe present invention may include additional laces as well for extrastability. An embodiment of the present invention may also include holes48 in which the laces 46 may be threaded through.

When the device 10 according to an embodiment of the present inventionis correctly engaged with the shoulder pads 23, the device 10 ispreferably open in the front 28, the sides 32 are preferably adjacent tothe inside side portions 27 of the shoulder pads 23, and the backportion 26 of the device 10 is preferably below or even with the topback portion 29 of the shoulder pads 23. The inside 22 side portions 32of the device 10 preferably touch a user's neck when a user is wearingthe shoulder pads 23 with the device 10 engaged therewith. The device 10preferably does not indent the user's neck, but rather the device 10should barely touch the skin. The device 10 is contoured to fitstreamlined into the shoulder pads 23 in order not to change the shapeof the shoulder pads 23 and to work better with the shoulder pads 23.

Another embodiment of the present invention includes a cervical spineprotection device as described herein that is integral with a pair ofshoulder pads. In other words, the protection device is a part of theshoulder pads themselves, and not a separate element.

Only at the point of impact does the device 10 engage the bottom 34 ofthe helmet 11 in order to absorb and distribute the force of an impact(hit) away from the neck and spine of a user. During normal play andphysical activity, however, the device 10 preferably does not restrictmovement of the user at all.

The device 10 according to the embodiments of the present invention isdesigned to absorb some of the impact to the head, neck, and spineduring collision. There is no device, however, that can absorb all ofthe forces during impact, and a user should not think that once theyhave the device 10 in place during sport, they are immune to injury tothe head or neck. In other words, a person wearing the device 10 maystill sustain an injury to the head, neck, and spine during collision.

The design 10 of the embodiments of the present invention preferablyincludes flexibility such that the device 10 is flexible in nature, andis able to move back and forth and side to side. The device 10 can becomfortably worn by a user during play because of its flexibility andshape.

As stated above, an embodiment of the present invention does not includecompression elements, but rather the function of the compression elementis performed by the material and shape of the device 10 itself. Thematerial is preferably selected such that the device 10 can provideadequate support without a separate compression element present. Apreferred embodiment of the present invention is constructed of amaterial similar to “smartLite®” or the like (foam made of athermoplastic, polyester, or polyether). The material in a preferredembodiment of the present invention includes a microcellular structure,which can include open cells and/or closed cells (microscopic). Theclosed cells do not allow for the penetration of, for example, water orother liquids. For example, the outside surfaces of the device 10 in apreferred embodiment of the present invention include manufacturing suchthat perspiration, water, dirt, and the like cannot be absorbed into thematerial of the device 10. As stated herein, the density of the materialmay vary, and the density is not restricted to certain values for theembodiments of the present invention. An example of the density of thematerial of the device 10 is 0.50 g/cc to 1.00 g/cc, but a person ofordinary skill in the art will recognize that the density may be greaterthan this value, or lower than this value. The material may be injectionmolded to form the embodiments of the present invention. The injectionmolding process allows the material to closely mimic the surface textureof the mold, which can allow for different surface finishes in theembodiments of the present invention. The material in a preferredembodiment of the present invention allows for the device to have ahardness in the range of 35-55 ShA, but a person skilled in the art willunderstand that embodiments of the present invention include deviceswith higher or lower Shore A values.

In addition to the embodiments of the present invention optionallyincluding different and/or varying densities, embodiments of the presentinvention include devices 10 that have different and/or varyingflexibility and/or elasticity. For example, a preferred embodiment ofthe present invention includes a device 10 with an upper portion 15 thatincludes more material than the lower portion 30. This design allows formore elasticity and flexibility of the lower portion 20 compared to theupper portion 15. Another embodiment of the present invention includes adevice 10 with an upper portion 15 that includes more material than themiddle portion 30, which in turn includes more material than the lowerportion 20.

In a contact sport with shoulder pads 23, before and during impact, theshoulders typically rise up, and thus the shoulder pads 23 rise up, andthe base 34 of the helmet 11 of a player hits the device 10 according tothe embodiments of the present invention when a user is wearing thedevice 10.

The embodiments of the present invention may be used to prevent theinjury commonly referred to as a “stinger.” This is because theembodiments of the present invention distribute the force of impact awayfrom the neck and spine.

The embodiments of the present invention are directed to a device 10that may be used by a player engaged in sport. For example, theembodiments of the present invention may be used when playing thefollowing sports: football (for example, American football), lacrosse,hockey, water polo, wrestling, sumo, martial arts, boxing, or the like.One skilled in the art will understand that the device 10 according toembodiments of the present invention may be used in any activity or walkof life in order to aid in the prevention of spine/neck injury. As usedthroughout this application, “player” or “user” may be any personattempting to prevent or limit the risk of spine/neck injury. While“football” is discussed for use of the device 10 throughout thisapplication, one of ordinary skill will recognize that the embodimentsof the present invention are not limited for use by football players.Therefore, the shoulder pads and helmet discussed throughout thisapplication may be in the form of shoulder pads/helmets used in sportsother than football (e.g., lacrosse, hockey, or the like).

An embodiment of the present invention provides critical protectionwithout hindering player performance.

In an embodiment of the present invention, the low profile designcreates a natural fit into shoulder pads 23.

The device 10 according to the embodiments of the present invention canlower head accelerations resulting from a top impact. The device 10according to the embodiments of the present invention can also reduceforce transmission through the neck. In a top impact, the device 10redirects some of the load to the shoulders, on which the device 10rests. The stiffness of the device 10 prevents the neck from furthercompression. The device 10 also provides protection during an impact tothe front of the head and/or helmet 11. The device 10 can reduce upperneck moment and lower neck force in all configurations. The device 10also can reduce the lower neck moment in a raised configuration. Thedevice 10 according to an embodiment of the present invention restrictsthe range of motion of the head and neck by contacting the base 34 ofthe helmet 11 during an impact (this is observable during high-speedvideo). This contact between the helmet 11 and device 10 is responsiblefor lower loads.

The device 10 according to the embodiments of the present invention willtypically perform better in the raised position (when a user's shouldersare raised upward) because the helmet 11 will contact the device 10sooner and restrict more motion. In a side impact, the device 10according to the embodiments of the present invention may reduce a lowerneck moment. Again, this is due to the base 34 of the helmet 11contacting the device 10, restricting the range of motion. This movementrestriction is most noticeable in a high speed video The deviceaccording to the embodiments of the present invention is designed tocontact the base 34 of the helmet 11, which restricts motion of the headand neck during impact. Restriction of motion during impact correlateswith load reductions.

With a front impact location, the device 10 can reduce lower neckmovement, and the device 10 is also capable of reducing lower neck forceand upper neck movement. With a side impact location, the device 10 canproduce lower neck movement reductions.

An embodiment of the present invention includes a molded syntheticcollar (the device 10) that rests on the shoulders and gets engaged with(for example, laced into) shoulder pads 23.

In an embodiment of the present invention that includes a compressiveelement, the density of the compressive element can range from 0.35 to0.65 grams per cubic centimeter squared. Similarly, in a preferredembodiment of the present invention that does not include a compressiveelement, the density of the device can range from 0.35 to 0.65 grams percubic centimeter squared. One skilled in the art will readily understandthat the embodiments of the present invention are not limited to thedensities disclosed herein.

In an embodiment of the present invention that includes a compressiveelement, the compressive element may use a methyline Di isolate (MDI)skin polyurethane. Similarly, in a preferred embodiment of the presentinvention that does not include a compressive element, the device mayuse a methyline Di isolate (MDI) skin polyurethane.

As will be understood by one of ordinary skill in the art, the device 10of the embodiments of the present invention can be worn with anyshoulder pads used in contact sports, and are not limited to footballshoulder pads.

In an embodiment of the present invention that includes a compressiveelement, the compressive element may include data recording devicesimbedded inside such as compression measuring sensors, accelerometers,or similar (and/or any combination of data recording devices).Similarly, in a preferred embodiment of the present invention that doesnot include a compressive element, the device may include data recordingdevices imbedded inside such as compression measuring sensors,accelerometers, or similar (and/or any combination of data recordingdevices).

The embodiments of the present invention further include the methods ofmaking the devices 10 as described herein. For example, a device 10according to an embodiment of the present invention is made through aninjection molding process in which there is a cavity that is shaped toform the device 10 as described herein. In this injection moldingprocess, the material of the device 10 is fed into a heated barrel,mixed, and forced into a mold cavity where it cools and hardens to theconfiguration of the cavity. In a preferred embodiment of the presentinvention that does not include a compressive element, the device may bemade through a single injection molding process. Also, one of ordinaryskill will recognize that different materials may be used during theinjection molding process, particularly for embodiments of the presentinvention that include varying densities throughout the device. In anembodiment of the present invention that includes a compressive element,the compressive element may be injection molded in one step, withmaterial added around the compressive element through a second step inthe injection molding process. In contrast, the compressive element maybe constructed using any process known by those of ordinary skill in theart for forming, for example, plastic parts.

The injection molding process of the embodiments of the presentinvention may further or alternatively include a non-aggressive screw, abarrel and nozzle temperature of up to 180.degree. C., temperaturecontrols, a non-return valve (which may be on hydraulics to retainpressure on the screw after charging to avoid expansion in the barreland gas loss), a shut-off nozzle (not restricting the flow; to preventgas escape through the nozzle and melt drool; hydraulically orpneumatically operated nozzles are preferred over the mechanicallyactivated spring types), and a mold temperature control between 15 and50.degree. C.

Additional methods of manufacturing the device 10 according toembodiments of the present invention include extrusion, flow molding,thermoforming, physical shaping, or the like.

The embodiments of the present invention further include the methods ofusing the devices 10 as described herein. For example, a user preferablyfastens/secures the device 10 according to the embodiments of thepresent invention to shoulder pads 23 using one of the fastening meansdescribed herein, for example, laces 46. Alternatively, a user maysimply put on the embodiment of the present invention in which thedevice 10 is integral with the shoulder pads 23. A user then preferablywears a helmet 11 before engaging in physical activity.

FIGS. 18 and 19 are front views of a cervical spine protection deviceaccording to an embodiment of the present invention as worn inconjunction with shoulder pads known in the art. When used with shoulderpads as shown in FIGS. 7, 8, 18, and 19, the upper surface 40 of thedevice 10 is preferably higher than the upper surface 50 of the shoulderpads 23. In addition, as shown in FIG. 1, and FIGS. 22A-C, the lower“ear” portion 60 of a typical football helmet 11 makes contact with theupper surface 40 of the device 10, thereby making the device 10, whenincorporated into shoulder pads 23, part of an energy transfer systemthat transfers the axial force applied to a football helmet 11 during atackle to the device 10 instead of to a person's cervical spine. Thedotted lines shown in FIG. 18 show the lower portion 20 of the rearportion device 10 when incorporated into the shoulder pad 23, and howthe lower portion 20 of the rear portion of the device 10 is situatedwhen the device 10 is incorporated in the shoulder pad 23.

As shown in FIGS. 18 and 19, known football shoulder pads are generallybilaterally symmetrical and are generally comprised of right and leftbody arch members 50, 51 which extend over the shoulders and includeanterior and posterior portions, and chest and back portions 52, 53,which overlie the chest and back of an athlete. The posterior portionsback portions may be permanently hinged together along a vertical axisover the athlete's back or spine, while the anterior portion, or chestportions, are typically connected together on a vertical line over theathlete's sternum as by means of straps or lacing.

A side pad assembly 54, 55 typically comprise an epaulet and a shouldercap, is typically rigidly linked by multiple connectors to the body archmember. The side pad assembly protects the player's shoulder where aportion of the body arch member typically overlies the clavicle and thelateral extension of the spine of the scapula. In general, the area ofthe shoulder extends from the base of the neck downwardly towards thetip of the shoulder, or deltoid muscle. With conventional shoulder paddesigns, the epaulet is typically pivotally connected to the arch memberby a first strap and the shoulder cap is typically pivotally connectedto the arch member by a second strap, wherein the epaulet typicallyoverlies the shoulder cap. Due to the rigid connection provided by thestraps, the range of motion of the side pad assembly is typicallylimited and the overall comfort of the shoulder pad is affected. Thestructural members, such as the body arch members, the shoulder caps andthe epaulets, are typically manufactured from a material having therequisite strength characteristics to withstand the forces of impactincurred while playing football. Conventional shoulder pads may alsoinclude a strap of material which has its ends fixedly secured to thebody arch member, as by rivets or other suitable connectors. Typically,these straps are referred to as cantilever straps, and they support thebody arch members in a spaced relationship from the pad body, as well asfrom the shoulder of the player.

Unlike football shoulder pads which include two distinct pads, theepaulet and the cap, which overlie the player's shoulder for protectionthereof, conventional hockey and lacrosse pads typically feature onlythe shoulder cap. Existing shoulder pads also utilize a number ofdistinct interior pads disposed beneath the body arch members, whereinthe interior pads are either fixedly secured, or releasably secured, tothe body arch members. By using a number of distinct interior pads toform the interior pad elements, the construction of the shoulder pad andthe fit of the shoulder pad can be affected.

The present invention as shown in FIGS. 18 and 19, as used with shoulderpads, take into account the cervical spine, and is capable of providingprotection not only to the cervical spine and shoulder but also to theneck area. The aspects of the present invention will change the shoulderpad concept into an energy transfer system. Based on this energytransfer system, the device 10 decreases axial loading first, resultingin a reduction in the hyperextension of the head.

FIG. 20 is a rear view of another embodiment of a cervical spineprotection device according to an embodiment of the present invention,similar to the view shown in FIG. 13 above. FIG. 20 illustrates that apreferred embodiment of the device 10 is separable from the shoulderpads 23. In another embodiment, the device 10 can be a permanent part ofthe shoulder pads 23, attached using methods of manufacturing known inthe art.

FIG. 21 is a rear view of a cervical spine protection device accordingto an embodiment of the present invention as worn in conjunction withshoulder pads. The shoulder pads preferably have different levels ofheight. The highest point of the shoulder pads will preferably be in theneck area. The body portion of the shoulder pads 23 will preferably belower than the neck area and the deltoid portion of the shoulder pads 23will preferably be higher than the body portion. The neck portion of theshoulder pads can be increased in a vertical direction based on afootball player's neck. The shoulder pads shown in FIGS. 18, 19, and 21are preferably made from a material that absorbs shock. The materialwill be softer nearest to the body and preferably include a hard outer“shell.” Although the outer shell of the shoulder pad is harder it willpreferably still have shock absorbing capability.

The shoulder pads preferably include a ventilation system consisting ofholes to allow flow of air. This system of holes will be throughout theentire shoulder pad except the neck area. The holes will preferably be ¼inch in diameter, and separated by 1/16″ spacing between each hole, andas mentioned above, preferably covering at least body arch members 50,51 of the shoulder pad; side pad members 52, 53 may also include suchventilation systems. As used in this specification, the words “shoulderpad” and “shoulder pads” are used interchangeably and generally denoteone set of shoulder pads used for one football player.

The cervical spine protection device 10 can also include at least onedamper element 100, as shown in FIGS. 23A-25. The damper element 100assists in decreasing and absorbing the force enacted on the spinalcolumn. When the axial force from the helmet 11 is at least partiallyabsorbed by the cervical spine protection device 10, the damper element100 resistively collapses so as to at least partially attenuate theaxial force. The damper element 100 helps absorb and reduce theacceleration and force from the impact on the helmet 11. As such, thecervical spine protection device 10, along with the at least one damperelement 100, at least partially absorbs and reduces the axial force froman impact on the helmet 11, and also at least partially directs theaxial force away from the cervical spinal column of the user.

When the helmet 11 engages the device 10, the helmet 11 engages theapex. The device 10 absorbs the impact and the force from the impactand, as described above, begins to bend along the middle portion 30. Theforce absorption unit 100 at least partially attenuates the axial forceby resistively collapsing. As such, the acceleration of the impact isdecreased, thus decreasing the force absorbed by the device 10 andsubsequently the spinal column.

As shown in FIG. 23A, the damper element 100 can include a spring 101.The spring 101 can be a coiled spring that compresses slowly upon impactto dampen the forces created during engagement of the helmet and thedevice 10. The spring 101 can be made from metal, plastic rubber, form,or any suitable material that resistively collapses when under a forceand rebounds back to an original state when the force is removed.

The damper element 100 can also include a fluid inside an inner chamber.The fluid further resists, disperses, or manages the force enacted onthe damper element 100. The damper element 100 can structurally resistthe force initially, and then compress, collapse, or buckle to vent thefluid through at least one orifice to at least partially attenuate theforce. As shown in FIG. 23B, the damper element 100 can include ahydraulic pump 102. As shown in FIG. 23C, the damper element 100 caninclude an air bladder 103.

The hydraulic pump 102, as shown in FIG. 23B, can be encased inside thedevice 10. The hydraulic pump 102 can be made of hard plastic parts, aflexible metal, or a combination thereof. As the force from the helmet11 is applied to the upper surface 40 of the device 10, the fluid slowlydissipates from an inner chamber into another chamber. The anotherchamber can be within the hydraulic pump 102, or the another chamber canbe a separate holding tank. The fluid can pass through at least oneorifice which provides a resistance in the flow of the fluid. In atleast one embodiment of the present invention, the walls of thehydraulic pump 102 can be formed so as to contribute to forceabsorption. For example, the walls of inner chamber of the hydraulicpump 102 can initially resist the force, and then buckle to allow theforce to be resistively absorbed by the venting of the fluid through theorifice. After the force is removed, the inner chamber of the hydraulicpump 102 takes in fluid to a loaded compression level by creating anegative pressure inside the inner chamber as the hydraulic pump 102expands and regains its form from being collapsed. The fluid in thehydraulic pump 102 can be hydraulic fluid, oil, water, or any suitablefluid that has the ability to respond under force.

The air bladder 103, as shown in FIG. 23C, resistively collapses andvents air from within an inner chamber. The air bladder 103 can have arelease valve that slowly releases the air as pressure is applied to theair bladder 103. The air bladder 103 can include at least one orificefor resistively venting the fluid from the inner chamber so as to atleast partially attenuate the axial force. The negative pressure withinthe air bladder 103, when the force is removed, causes air to refill theair bladder 103. The air bladder 103 can be made of a polymer materialand can be shaped so as to contribute to force absorption. For example,the walls of the air bladder can initially resist the force, and thenbuckle to allow the force to be resistively absorbed by the venting ofthe fluid along with the compression of the air bladder 103.

The damper element 100, as shown in FIG. 23D, can also be made of adifferent material. The interior of the damper element 100 can contain agrid structure 104 such that the grid structure 104 resistivelycollapses when a force is enacted thereupon, and rebounds to an originalstate when the force is removed. The grid structure 104, as illustratedin FIG. 23D, is a honeycomb structure, but the grid structure 104 canhave any suitable configuration such that the grid collapses upon itselfwhen absorbing a force and rebounds when the force is removed.

The damper element 100 is not limited to the above describedembodiments. The damper element 100 can be any suitable form, shape, andmaterial that at least partially attenuates the force absorbed by thedevice 10 when engaged by the helmet 11. For example, the damper element100 can be made of a material that has a different density or elasticitythan the device 10, such as a gel. In other embodiments of the presentinvention, the damper element 100 can be a different structure and shapethan illustrated. For example, the damper element 100 can includeelastic finger-like projections that resistively bend or collapse whenencountering a force and reflects back to its original state when theforce is removed.

The damper element 100 is not limited to the illustrated embodiments,and can be any structure, shape, or material so long as the force is atleast partially attenuated.

The damper elements 100 are placed where the impact and force from thehelmet 11 to the device 10 can be absorbed and reduced. For example, thedamper element 100 can be located within the device 10, as shown inFIGS. 23A-D. In at least one embodiment of the invention, the damperelement 100 is contained within the device 10 in the side sections 32 ofthe upper portions 15. The damper element 100 can be contained withinthe device 10 proximate an apex of the device 10 and the shoulder pads23 which is higher than the top surface of the front section and therear section when the cervical spine protection device 10 is worn by auser. As such, when the upper portion 15 of the device 10 begins tocollapse, the damper element 100 attenuates the force being absorbed bythe device 10 and slows down the collapse of the upper portion 15 andthe device 10. A lesser force is then being distributed and directedaway from the cervical spinal column of the user by the cervical spineprotection device 10. Thus, a lesser force is absorbed by the spinalcolumn which is not directed away, if the device 10 does not direct allof the force away from the spinal column.

The damper elements 100 can also be placed at the upper surface 40 ofthe device 10, as shown in FIG. 24. As such, when the helmet 11 engagesthe device 10, the helmet 11 first engages the damper element 100 whichat least partially attenuates the force enacted on the device 10 andsubsequently the spinal column of the user. One exemplary location onthe device 10 that the damper element 100 may be placed is on the uppersurface 40 of the apex of the device 10. Damper elements 100 may also beplaced anywhere the helmet 11 may engage the device 10. In at least oneembodiment of the present invention, a rigid layer can be overlaid abovethe damper element 100 such that even if the helmet 11 does not directlyengage the damper element 100, the helmet 11 does engage the rigid layerwhich then collapses the damper element 100.

Further, the damper elements 100 can be placed on a bottom surface 41 ofthe upper section 15, as shown in FIG. 25. As such, when the helmet 11engages the upper surface 40 of the device 10, the upper portion 15absorbs the force and begins to collapse, and the device 10 bends alongthe middle portion 32. The damper element 100, being along the bottomsurface 41 of the upper section 15, engages the top of the shoulder pads23. The damper element 100 absorbs and reduces the force from theimpact, slowing down the collapse of the device 10. The damper element100 at least partially attenuates the force being absorbed by the device10 and, ultimately, the spinal column of the user.

The damper element 100 can also include sensors that will indicate whenthe damper element 100 have exceeded its limits and requiresreplacement. The sensors can be visible to the user such that the usercan easily determine the status of the damper element 100. For example,the sensors can change colors when the damper element 100 needsreplacement.

Any number or combination of damper elements 100 can be utilized. Forexample, an air bladder 103 can be combined with a spring 104. In yetother embodiments of the present invention, two or more damper elements100 can be utilized in series to increase the attenuation of the force.For example, two air bladders 103 can be incorporated into the device10. The first air bladder may vent the air into the second air bladderwhich may then vent the air out. Further, a damper element 100 can beplaced on the upper surface 40 while another damper element 100 can beplaced within the upper portion 15.

While the embodiments have been described in detail in the foregoingdescription, the same is to be considered as illustrative and notrestrictive in character, it being understood that only some embodimentshave been shown and described and that all changes and modificationsthat come within the spirit of the embodiments are desired to beprotected.

1. A shoulder pad having a cervical spine protection system comprising:shoulder pads; and a cervical spine protection device comprising: anupper portion designed for engagement with a user's helmet when an axialforce is applied to a portion of the helmet, the upper portion having afront section, a rear section, and side sections, wherein the frontsection, rear section, and side sections of the upper portion have a topsurface; and at least one damper element within the cervical spineprotection device; wherein the top surface of the side sections of theupper portion has an apex that is higher than the top surface of thefront section and the rear section when the cervical spine protectiondevice is worn by a user, wherein the axial force applied to the topportion of the helmet is at least partially absorbed by the cervicalspine protection device and at least partially directed away from acervical spinal column of the user by the cervical spine protectiondevice, wherein the at least one damper element, when the axial force isat least partially absorbed by the cervical spine protection device,resistively collapses so as to at least partially attenuate the axialforce, wherein the cervical spine protection device allows extension ofthe head and neck during athletic movement.
 2. The shoulder pad of claim1, wherein the at least one damper element comprises an inner chambercontaining fluid, and the at least one damper element, when the axialforce is at least partially absorbed by the cervical spine protectiondevice, vents the fluid from the inner chamber.
 3. The shoulder pad ofclaim 2, wherein the damper element further comprises at least oneorifice for resistively venting the fluid from the inner chamber so asto at least partially attenuate the axial force.
 4. The shoulder pad ofclaim 2, wherein the fluid is at least one of air, hydraulic fluid, oil,or water.
 5. The shoulder pad of claim 4, wherein the damper elementfurther comprises a holding vessel, wherein the fluid, when vented fromthe inner chamber, passes into the holding vessel.
 6. The shoulder padof claim 2, wherein the damper element, when the axial force is removed,refills with fluid.
 7. The shoulder pad of claim 6, wherein the damperelement refills with fluid due to negative pressure inside the innerchamber.
 8. The shoulder pad of claim 6, wherein the damper element is aspring.
 9. The shoulder pad of claim 1, wherein the cervical spineprotection device further comprises: a lower portion engaged with auser's shoulders. a middle portion disposed between the lower portionand the upper portion; an outside portion shaped to engage with theshoulder pads, wherein the outside portion comprises a substantiallyc-shaped design, with the lower portion and the upper portion extendinglaterally further than the middle portion away from the user's neck; andan inside portion shaped to fit around a user's neck.
 10. The shoulderpad of claim 9, wherein the lower portion extends laterally further awayfrom the user's neck than the upper portion.
 11. The shoulder pad ofclaim 9, wherein the cervical spine protection device is separable andremovable from the shoulder pad.
 12. The shoulder pad of claim 11,wherein the lower portion is shaped to fit adjacent to or under theshoulder pads.
 13. The shoulder pad of claim 1, wherein the cervicalspine protection device is integral with the shoulder pads.
 14. Theshoulder pad of claim 1, wherein the top surface is designed to engage abottom surface of the user's helmet when the axial force is applied tothe helmet.
 15. A cervical spine protection device comprising: an upperportion designed for engagement with a user's helmet when an axial forceis applied to a portion of the helmet, the upper portion having a frontsection, a rear section, and side sections, wherein the front section,rear section, and side sections of the upper portion have a top surface;a lower portion engaged with a user's shoulders. a middle portiondisposed between the lower portion and the upper portion; an outsideportion shaped to engage with the shoulder pads, wherein the outsideportion comprises a substantially c-shaped design, with the lowerportion and the upper portion extending laterally further than themiddle portion away from the user's neck; an inside portion shaped tofit around a user's neck; and at least one damper element within thecervical spine protection device; wherein the top surface of the sidesections of the upper portion has an apex that is higher than the topsurface of the front section and the rear section when the cervicalspine protection device is worn by a user, wherein the axial forceapplied to the top portion of the helmet is at least partially absorbedby the cervical spine protection device and at least partially directedaway from a cervical spinal column of the user by the cervical spineprotection device, wherein the at least one damper element, when theaxial force is at least partially absorbed by the cervical spineprotection device, resistively collapses so as to at least partiallyattenuate the axial force, wherein the cervical spine protection deviceallows extension of the head and neck during athletic movement.
 16. Thecervical spine protection device of claim 15, wherein the at least onedamper element comprises an inner chamber containing fluid, and the atleast one damper element, when the axial force is at least partiallyabsorbed by the cervical spine protection device, vents the fluid fromthe inner chamber.
 17. The cervical spine protection device of claim 16,wherein the damper element further comprises at least one orifice forresistively venting the fluid from the inner chamber so as to at leastpartially attenuate the axial force.
 18. The cervical spine protectiondevice of claim 16, wherein the fluid is at least one of air, hydraulicfluid, oil, or water.
 19. The cervical spine protection device of claim15, wherein the damper element is a spring.
 20. A shoulder pad having acervical spine protection system comprising: shoulder pads; and acervical spine protection device comprising: an upper portion designedfor engagement with a user's helmet when an axial force is applied to aportion of the helmet, the upper portion having a front section, a rearsection, and side sections, wherein the front section, rear section, andside sections of the upper portion have a top surface; a lower portionengaged with a user's shoulders. a middle portion disposed between thelower portion and the upper portion; an outside portion shaped to engagewith the shoulder pads, wherein the outside portion comprises asubstantially c-shaped design, with the lower portion and the upperportion extending laterally further than the middle portion away fromthe user's neck; an inside portion shaped to fit around a user's neck;and at least one damper element within the cervical spine protectiondevice; wherein the top surface of the side sections of the upperportion has an apex that is higher than the top surface of the frontsection and the rear section when the cervical spine protection deviceis worn by a user, wherein the axial force applied to the top portion ofthe helmet is at least partially absorbed by the cervical spineprotection device and at least partially directed away from a cervicalspinal column of the user by the cervical spine protection device,wherein the at least one damper element, when the axial force is atleast partially absorbed by the cervical spine protection device,resistively collapses so as to at least partially attenuate the axialforce, wherein the at least one damper element comprises an innerchamber containing fluid, and the at least one damper element, when theaxial force is at least partially absorbed by the cervical spineprotection device, resistively vents the fluid from the inner chamberthrough at least one orifice so as to at least partially attenuate theaxial force, and wherein the cervical spine protection device allowsextension of the head and neck during athletic movement.